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Materials
displayed on the coastercompany.com website are protected by
copyright, other intellectual property laws, and statutory and
common laws. Use of the coasterlcompany.com website is subject
to your compliance with the terms set forth below. If you do
not wish to be bound by the terms, you may not use the website.
By using this website, you agree to be bound by the terms of
this Access Agreement.
You should note that Coaster Company may modify this Access
Agreement at any time. Therefore, you should review this Access
Agreement periodically before using this website. Your continued
use of our services and website will constitute your acceptance
of the terms of the Access Agreement posted on the coastercompany.com
website at the time of use.
Services Provided by Others. You may order services, parts or
products, through the coastercompany.com website from persons
or entities that are not employees or agents of Coaster Company
("Service Providers"). Matters concerning the services,
parts or products desired from a Service Provider, including
but not limited to purchase terms, warranties, guarantees, maintenance
and delivery, are solely between you and the Service Provider.
Coaster Company makes no warranties or representations whatsoever
with regard to any services, parts or products provided by Service
Providers. You agree not to consider Coaster Company nor will
Coaster Company be construed as a party to such transactions,
whether or not Coaster Company may have received some form of
payment or consideration in connection with the transaction.
You also agree that Coaster Company will not be liable for any
costs or damages arising out of, either directly or indirectly,
you or any other person involved or related to the transaction.
Disclaimer of Liability. Because of the possibility of human
and mechanical error as well as other factors, Coaster Company
is not responsible for any errors in or omissions from the information
contained in or accessed through this website or services provided
by others through this website. All such information and services
are provided "as is" without warranty of any kind
from Coaster Company. Coaster Company MAKES NO REPRESENTATIONS
WITH REGARD TO SUCH INFORMATION, Coaster Company SERVICES, THE
coastercompany.com WEBSITE, OR SERVICES PROVIDED BY OTHERS THROUGH
THIS WEBSITE, AND DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY
WARRANTIES OF ANY KIND TO YOU OR TO ANY THIRD PARTY, INCLUDING
ANY WARRANTIES OF ACCURACY, TIMELINESS, NON-INFRINGEMENT, COMPLETENESS,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Coaster
Company shall have no liability in tort, contract or otherwise
to you or any third party due to use of the information or services
provided in or through the coastercompany.com website. Coaster
Company cannot and does not guarantee that information posted
on the coastercompany.com website: (a) will not violate a law,
regulation, copyright, trademark, trade secret, patent, or other
proprietary rights of others, including any party's privacy
right or right of publicity; (b) will not be unlawful, libelous,
defamatory, slanderous, harmful, abusive, threatening, or hateful;
(c) will not include any material that contains a virus, illicit
graphics, encoded binary files, job offers, personal ads, trojan
horses, pyramid schemes, passwords of others, password guessing
programs, cracking tools, network probing tools, or tools to
compromise the security of other sites or the property of others;
or (d) will not include distribution lists to be used via unsolicited
electronic mail or other mass electronic mailings. [Note: The
foregoing paragraph is unnecessary if the website will not be
posting informational documents or material supplied by Service
Providers or Customers.] Coaster Company shall under no circumstance
be liable to you or any third party for any lost profits or
lost opportunity, indirect, special, consequential, incidental,
indirect or punitive damages whatsoever arising out of use or
the inability to use the coastercompany.com website, Coaster
Company services, or the services of others provided through
the website, even if Coaster Company has been advised of the
possibility of such damages, or any claims based upon the accuracy
or inaccuracy of the information available through the coastercompany.com
website. If you must rely upon information found in this website,
you should independently verify its accuracy.
Indemnification. You agree to indemnify, save and hold harmless
Coaster Company and its officers, directors, employees, agents,
attorneys, subsidiaries, parent corporations, affiliated entities,
shareholders, representatives, heirs, predecessors, beneficiaries,
trustees, partners, joint venturers, successors and assigns
(collectively, "Associated Entities and Persons")
from and against any and all losses, liabilities, obligations,
damages, costs and expenses, whether known, unknown, contingent
or inchoate, of any nature whatsoever, including, without limitation,
actual attorneys' fees, court costs and other expenses incurred
by Coaster Company and its Associated Entities and Persons and
shall defend Coaster Company and its Associated Entities and
Persons against any and all actions, causes of action, claims,
demands, rights, suits, and proceedings brought against Coaster
Company or its Associated Entities and Persons, in connection
with or as a result of any violation of this Access Agreement,
use or the inability to use the coastercompany.com website or
Coaster Company services, services provided by Service Providers,
or any claims based upon the accuracy or inaccuracy of the information
available through the coastercompany.com website.
Information You Provide. Through the coastercompany.com website,
you may provide Coaster Company with graphics, content or other
materials ("Your Materials"). By posting messages,
uploading files, inputting data, or engaging in any other form
of communication through this website, you are granting Coaster
Company a royalty-free, perpetual, non-exclusive, unrestricted,
worldwide license to use, modify, copy, sublicense, adapt, transmit,
publicly perform or display Your Materials. The foregoing grants
shall include the right to exploit any proprietary rights in
Your Materials, including but not limited to rights under copyright,
trademark, servicemark or patent laws under any relevant jurisdiction.
This website may include bulletin boards and chat rooms ("Bulletin
Boards") which allow feedback to Coaster Company and real-time
interaction between users. Coaster Company does not control
the information or materials posted or delivered to bulletin
boards. Use of the bulletin boards and this website constitutes
your agreement that you will not post or transmit to the Bulletin
Boards:
a. any material which violates or infringes
any national or international professional or business codes,
copyright, trademark, trade secret, patent, statutory, common
law or other proprietary rights of others, including any party's
privacy right or right of publicity, in effect or which may
hereafter be enacted and applicable to this Access Agreement
or websites;
b. any material that is libelous, slanderous, harmful, abusive,
threatening, unprofessional, obscene, vulgar, indecent, or
pornographic, including without limitation any transmissions
constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or otherwise
violate any local, state, national or international law;
c. distribution lists to be used via unsolicited electronic
mail or other mass electronic mailings; or
d. materials that contain a virus or other harmful component.
[Note: This section is unnecessary if the website will not
be posting material supplied by Customers.]
Hyperlinked websites. The coastercompany.com
website may include hyperlinks that may be used to jump to
the website of a third party. Coaster Company has no control
over the materials included in any hyperlinked website and
does not warrant in any way the information included in such
a website.
Down Time. Due to power interruptions, "down time"
or other factors beyond Coaster Company control, or due to
any computer, software or other malfunction, Coaster Company
cannot guarantee that its website will always be available.
If you believe you will need information in the future, you
should make a copy of the information at the time you find
it on the coastercompany.com website.
Miscellaneous. Nothing herein expressed or implied is intended
or shall be construed to confer upon or give to any person
or corporation other than you and Coaster Company, and Coaster
Company successors or assigns, any rights or remedies under
or by reason of this Access Agreement.
This Access Agreement is effective until terminated
by Coaster Company, at any time without notice. In the event
of termination, you are no longer authorized to access the
Bulletin Boards and the restrictions imposed on you with respect
to material downloaded from the Bulletin Boards, the disclaimers
and limitations of liabilities set forth in this agreement,
shall survive.
Any clause of this Access Agreement declared invalid by the
appropriate authority shall be deemed severable and shall
not affect the validity or enforceability of the remainder.
In the event of any action by Coaster Company to (a) enforce
or interpret this Access Agreement, (b) recover damages for
breach of this Access Agreement, (c) obtain declaratory relief
in connection with this Access Agreement, or (d) otherwise
obtain judicial relief in connection with the transactions
that are the subject of or are contemplated by this Access
Agreement, Coaster Company shall be entitled to recover, in
addition to all damages, all actual attorneys' fees, court
costs and other fees and expenses incurred in connection therewith.
Coaster Company's waiver or failure to insist upon strict
compliance with any obligation, covenant, agreement or condition
of this Access Agreement shall not operate as a waiver of,
or estoppel with respect to, any subsequent or other failure.
This Agreement shall be governed by and construed in accordance
with the applicable laws of the State of California (excluding
its choice of law rules). Any litigation shall take place
in Los Angeles County.
This Agreement sets forth the final, complete and exclusive
agreement and understanding of Coaster Company and you, and
supersedes all prior agreements, arrangements, communications,
representations or warranties, by Coaster Company or you.
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